Legal Opinion
I.C.C. Metals, Inc. v. Municipal Warehouse Co.
New York Court of Appeals
Decided July 1, 1980PublishedCited by 98 opinions
1Opinion of the Court
OPINION OF THE COURT
Gabrielli, J.
At issue on this appeal is whether a warehouse which provides no adequate explanation for its failure to return stored property upon a proper demand is entitled to the benefit of a contractual limitation upon its liability. For the reasons discussed below, we conclude that proof of delivery of the stored property to the warehouse and its failure to return that property upon proper demand suffices to establish a prima facie case of conversion and thereby renders inapplicable the liability-limiting provision, unless the warehouse comes forward with evidence…
2Cases cited16 opinions
- Gross v. SweetNew York Court of Appeals · 1979
- Claflin v. . MeyerNew York Court of Appeals · 1878
- Stewart v. . StoneNew York Court of Appeals · 1891
- Ciofalo v. Vic Tanney Gyms, Inc.New York Court of Appeals · 1961
- Magnin v. . DinsmoreNew York Court of Appeals · 1877
11 more not listed; retrieve them via the Exa API.
3Cited by98 opinions
- Baratta v. KozlowskiAppellate Division of the Supreme Court of the State of New York · 1983
- Colgate Palmolive Co. v. S/S Dart CanadaCourt of Appeals for the Second Circuit · 1983
- American Enka Company, in No. 82-1080 v. Wicaco MacHine Corp. American Enka Company v. Wicaco MacHine Corp., in No. 82-1109Court of Appeals for the Third Circuit · 1982
- Bank of New York v. Amoco Oil Co.Court of Appeals for the Second Circuit · 1994
- Refrigeration Sales Co., Inc. v. Mitchell-Jackson, Inc., a Corporation, and Alfred L. JacksonCourt of Appeals for the Seventh Circuit · 1985
93 more not listed; retrieve them via the Exa API.